Mr.M.Radhakrishnan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Mr.M.Radhakrishnan 2.Mr.M.Haridass .. Petitioners/A1 & A2 Vs.
State Rep. by The Sub Inspector of Police, Maraimalai Nagar Police Station, Tambaram City Commissionarate, Maraimalai Nagar, Chengalpet District.
(Crime No.241 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest by the respondent in Crime No.241 of 2025 pending on the file of the respondent.
For Petitioners : Mr.G.Peranban For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1 of 6
ORDER
The petitioners were apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 329(4), 115(2), 351(2) of BNS 2023 and Section 4 of TNPWH Act, in Crime No.241 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that that petitioners/A1 and A2 are the relatives of the de facto complainant and due to property dispute, they trespassed into the de facto complainant's house and attacked him, due to which, he sustained injuries. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the Page No.2 of 6
respondent Police while opposing for grant of anticipatory bail to the petitioners reiterated the prosecution case.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.
6. Considering the facts and circumstance of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Chengalpet, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, and on proof of payment of Page No.3 of 6
deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled;
[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
[c] the petitioners shall report before the respondent Police for a period of two weeks and thereafter as and when required for interrogation;
[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall make himself available for interrogation by a Police office as and when required; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioners shall not abscond either during Page No.4 of 6
investigation or trial;
[h] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
16.07.2025 cda M.NIRMAL KUMAR, J.
cda/sma Page No.5 of 6
To 1.The Judicial Magistrate No.II, Chengalpet.
2.The Sub Inspector of Police, Maraimalai Nagar Police Station, Tambaram City Commissionarate, Maraimalai Nagar, Chengalpet District.
3.The Public Prosecutor, Madras High Court, Chennai.
16.07.2025 Page No.6 of 6